In October 2008, CPA filed a Fundamental Rights case seeking relief and effective redress in respect of the infringement of the fundamental rights of a large section of Sri Lankan society. The arbitrary, unfair and inconsistent practices of the Election Commissioner and the other respondents, deprived registered voters of their right to franchise constituting an infringement of their fundamental Rights under Articles 12(1), 12(2) and 14(1) (a) of the Constitution.
The subject matter of this case is the violation of franchise rights, and the fundamental right to equality and freedom of expression during the Provincial Council Elections in the North Central Province and Sabaragamuwa Province held on 23rd August 2008. The application was filed on behalf of the registered voters in the North Central and the Sabaragamuwa Provinces and CPA in its petition, further set out issues relating to temporary identification documents of the registered voters. The case was taken up in court on 29th October and the CJ asked the petitioner to make representations to the Elections Commissioner. CPA was not granted leave to proceed or a further date granted thus the case is effectively pending in Court.